MCLENNAN COUNTY CHARGE GUIDE
Failure to Appear Bail Bonds in Waco, TX
Missing a setting does two things at once: it exposes you to a new charge and it puts your existing bond in forfeiture. Chapman's Bail Bonds deals with both sides of this at 254-855-9885.
Failure to appear is its own crime
Penal Code Section 38.10 makes it an offense for a person lawfully released from custody, with or without bail, on condition of later appearance, to intentionally or knowingly fail to appear in accordance with the terms of release. It has no punishment range of its own. The grade follows the case you missed.
Miss a fine-only setting and the new offense is a Class C misdemeanor. Miss most misdemeanor settings and it is a Class A misdemeanor. Miss a felony setting and it is a third-degree felony punishable by two to ten years. The statute also provides defenses, including a reasonable excuse for the failure to appear, and appearances incident to community supervision, parole, or an intermittent sentence.
- Underlying case fine only: Class C misdemeanor
- Underlying case a misdemeanor: generally Class A misdemeanor
- Underlying case a felony: third-degree felony
- Statutory defense for a reasonable excuse
- A warrant issues regardless of the new charge
What happens to the bond
Chapter 22 of the Code of Criminal Procedure governs forfeiture. When a defendant bound by bail fails to appear at a time when personal appearance is required, the court takes a forfeiture and enters a judicial declaration of it, commonly called a judgment nisi. Forfeiture is not automatic in every non-appearance; the court has to declare it on the record.
Under Article 23.05, once a forfeiture is declared, or once a surety surrenders a defendant under Article 17.19, a capias is immediately issued for the arrest of the defendant. When the defendant is arrested, the court may in its discretion require a cash deposit with the custodian of court funds as a condition of release.
In plain terms: the bond you paid for is now in litigation, there is a warrant out, and the terms of any new release are up to the judge.
Your bondsman can come off the bond
Before forfeiture, a surety has two statutory exits under Article 17.16. It can surrender the accused into the custody of the sheriff of the county where the prosecution is pending, or it can deliver an affidavit to that sheriff and the prosecutor stating the accused is incarcerated in federal custody, another state, or a county of Texas. The sheriff verifies the affidavit and notifies the magistrate, and on verification the bond is discharged.
Article 17.19 is the mechanism when the defendant will not come in voluntarily. The surety files an affidavit of intention to surrender stating the cause, after notifying the defendant's attorney of record under Rule 21a and, in a felony, the State. On a finding of cause, the court issues a capias or the magistrate issues an arrest warrant. That warrant can be executed by a peace officer, a security officer, or a licensed private investigator.
The surety is also liable for the reasonable and necessary expenses of returning the accused to custody, and those costs frequently land on the cosigner under the indemnity agreement. This is the concrete reason cosigners should stay in contact with the agency.
How to fix a missed setting
Call your defense attorney first, then your bonding agency, and do it the same day. Courts distinguish between a person who calls the morning after and a person who is picked up eight months later. Section 38.10 itself recognizes a reasonable excuse as a defense, and documentation of a hospital visit, a jail stay elsewhere, or a genuine notice failure is worth having in hand.
Do not go stand in the courtroom unannounced and hope. A lawyer can often get the matter reset and the warrant addressed in a controlled way rather than through an arrest at a traffic stop.
If the warrant is already active and an arrest is going to happen, arranging the bond in advance is the practical move so the stay in the McLennan County Jail at 3201 E Hwy 6 is as short as possible.
Getting Re-Bonded
A second bond after a failure to appear is a harder underwriting question than the first one, and the premium reflects it. Texas premiums are customarily around 10% of the bond, up to roughly 15% on higher-risk bonds, and a documented non-appearance is exactly what puts a case in the higher band.
Break 'Em Out Bail Bonds at 254-400-2663 keeps collateral negotiable, which sometimes makes a re-bond workable when a straight cash premium is not.
Chapman's Bail Bonds at 254-855-9885 is the primary recommendation for McLennan County. They are at 700 E. Waco Dr., open 24/7/365, offer payment plans and free notary, and guarantee the bail posted and paperwork turned in within 30 to 45 minutes.
Frequently asked questions
what happens if I miss my court date in McLennan County
The court can declare your bond forfeited and a capias issues for your arrest under Article 23.05. You can also be charged with bail jumping and failure to appear under Penal Code 38.10, graded according to the case you missed.
is failure to appear a felony in Texas
It depends on the underlying case. Missing a felony setting makes the new offense a third-degree felony. Missing a misdemeanor setting is generally a Class A misdemeanor, and missing a fine-only setting is a Class C.
can I get the warrant lifted if I had a good reason
Section 38.10 provides a statutory defense for a reasonable excuse, and courts can reset a missed setting. Whether that happens in your case is a legal question for a defense attorney, who should be your first call, not your last.
will my bondsman drop me for missing court
They can. Article 17.16 lets a surety discharge its liability by surrendering the defendant or by proving the defendant is incarcerated, and Article 17.19 lets a surety obtain a warrant to surrender the principal on a finding of cause. Staying in contact is what prevents it.
who pays to bring someone back into custody
Under Article 17.16, the surety is liable for reasonable and necessary expenses of returning the accused to the custody of the sheriff of the county where the prosecution is pending. Indemnity agreements commonly pass those costs to the cosigner.